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Bradburn et al v. North Central Regional Library District - 79

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Bradburn et al v. North Central Regional Library District - 79 Powered By Docstoc
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The Honorable Edward F. Shea

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SARAH BRADBURN, PEARL CHERRINGTON, CHARLES HEINLEN, and the SECOND AMENDMENT FOUNDATION, Plaintiffs, v. NORTH CENTRAL REGIONAL LIBRARY DISTRICT, Defendant. No. CV-06-327-EFS DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF PLAINTIFFS’ MOTIONS IN LIMINE

I, Duncan Manville, declare as follows: 1. I am one of the attorneys for Plaintiffs Sarah Bradburn, Pearl

Cherrington, Charles Heinlen and the Second Amendment Foundation. I am over the age of 18 and competent to testify to the matters stated herein. I make this declaration on personal knowledge. 2. Attached as Exhibit A is a true and correct copy of excerpts from

Defendants’ Initial Disclosures, served on February 14, 2007. DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF PLAINTIFFS’ MOTIONS IN LIMINE – Page 1

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3.

Attached as Exhibit B is a true and correct copy of excerpts from

Defendant’s Responses to Plaintiffs’ First Interrogatories and Requests for Production, served on June 18, 2007. 4. On several occasions after NCRL made its Initial Disclosures,

defense counsel supplemented those disclosures, either via a letter, via e-mail, or in person at a deposition. These supplemental disclosures were provided to us on March 26, 2007; October 16, 2007; February 12, 2008 (via hand delivery and email); February 21, 2008; February 22, 2008, March 4, 2008; March 24, 2008; and March 26, 2008. 5. Attached as Exhibit C is a true and correct copy of the cover letter

that accompanied NCRL’s hand-delivered February 12, 2008 supplemental disclosures. 6. At no time did NCRL amend or supplement the statements in its

Initial Disclosures regarding board members and branch librarians (namely, that these witnesses were not known to have information necessary to the defense of the case, and that NCRL would amend its disclosures if it determined that it would “need to consult” with them). 7. In fashioning Plaintiffs’ discovery plan, Plaintiffs’ counsel relied

upon NCRL’s Initial Disclosures and discovery responses to determine which fact witnesses should be deposed. Based on the information that NCRL

provided to us, we chose to depose Dean Marney, Dan Howard and Barbara

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF PLAINTIFFS’ MOTIONS IN LIMINE – Page 2

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Walters. We relied on the statements in the Initial Disclosures when deciding not to depose any NCRL board members or branch librarians.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 31st day of March, 2008 at Seattle, Washington. By: /s/ Duncan Manville Duncan Manville, WSBA #30304 1629 2nd Avenue W. Seattle, WA 98119 Tel. (206) 288-9330 Fax (206) 624-2190 duncan.manville@yahoo.com Co-Counsel for Plaintiffs

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF PLAINTIFFS’ MOTIONS IN LIMINE – Page 3

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CERTIFICATE OF SERVICE I hereby certify that on March 31, 2008, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the persons listed below: Thomas D. Adams Celeste Mountain Monroe KARR TUTTLE CAMPBELL 1201 Third Avenue, Suite 2900 Seattle, WA 98101 Attorneys for Defendant DATED this 31st day of March, 2008. AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION By: /s/ Aaron H. Caplan Aaron H. Caplan, WSBA #22525 American Civil Liberties Union of Washington Foundation 705 Second Avenue, Third Floor Seattle, WA 98103 Tel. (206) 624-2184 Fax (206) 624-2190 caplan@aclu-wa.org

DECLARATION OF DUNCAN MANVILLE IN SUPPORT OF PLAINTIFFS’ MOTIONS IN LIMINE – Page 4

EXHIBIT A

EXHIBIT B

EXHIBIT C


				
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